HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11608 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Rejoinder affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 19.7.2024 at about 09.30 pm, while the informant's brother Kamlesh Kumar aged about 40 years was lying on the bed, then due to previous enmity the accused-applicant started inflicting several blows on the head of the said Kamlesh by wooden log. Upon receiving the information, the informant took his injured brother to the District Hospital for treatment but on the way, he died. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. There is no eye-witness to the incident. The case is of circumstantial evidence. The chain of circumstance is not complete. He submits that the PW-1 has not supported the prosecution case during trial. The PW-2 and the PW-3 have turned hostile. Thus, there is no chance of tampering the prosecution evidence. It is further submitted that the applicant has no criminal history and he is languishing in jail since 20.7.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Bharat Kumar Dixit, Neeraj Pandey Counsel for Opposite Party(s) : G.A., Bipin Dutt Dixit, Dharmendra Kumar Trivedi Deepak .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that as per the post-mortem report, the deceased sustained three ante-mortem injuries and the cause of death is coma as a result of ante-mortem head injury; there is no eye-witness account in this case; the case is of circumstantial evidence; the chain of circumstance does not appear to be complete; besides, the PW-1 has not supported the prosecution case during trial; the PW-2 and the PW-3 have turned hostile coupled with the fact that the applicant has no criminal history; he is languishing in jail since 20.7.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Deepak involved in Case Crime No. 407 of 2024, under Section 103(1) of B.N.S., Police Station- Gurubuxganj, District- Raebareli, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, BAIL No. 11608 of 2024 2 without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. September 17, 2025 Shravan BAIL No. 11608 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench